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June 17, 2021

Rape – Meaning – Ingredients :—

The carnal knowledge of a woman by force against her will, for a long period was punished as a capital crime in this country.
A man is said to commit “rape” if he —

(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or

(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or

(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or

(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions —

 First. — Against her will. 

Secondly. — Without her consent. 

Thirdly. — With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.

 Fourthly. — With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. 

Fifthly. — With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. 

Sixthly. — With or without her consent, when she is under eighteen years of age. 

Seventhly. — When she is unable to communicate consent, Section 375, Penal Code, 1860.

 The offence of rape in its simplest term is “the ravishment of a woman, without her consent, by force, fear or fraud” or as “the carnal knowledge of a woman by force against her will”. “Rape” or “raptus” is when a man hath carnal knowledge of a woman by force and against her will; or as expressed more fully, “rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will”. The essential words in an indictment for rape are rapuit and carnaliter cognovit; but carnaliter cognovit, nor any other circumlocution without the word rapuit, are not sufficient in a legal sense to express rape. In the crime of rape, “carnal knowledge” means the penetration to any the slightest degree of the organ alleged to have been carnally known by the male organ of generation. It is violation with violence of the private person of a woman — an outrage by all means. By the very nature of the offence it is an obnoxious act of the highest order, Bhupinder Sharma v. State of H.P.(2003) 8 SCC 551.

Rape and Sexual intercourse: —

The dictionary meaning of the words “sexual intercourse” is heterosexual intercourse involving penetration of the vagina by the penis. If the hymen is ruptured by inserting a finger, it would not amount to rape, Sakshi v. Union of India(2004) 5 SCC 518: 2004 SCC (Cri) 1645.

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